By: Leach, Harris, Buckley, Metcalf, Hull, H.B. No. 6       et al.     A BILL TO BE ENTITLED   AN ACT   relating to discipline in public schools.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 12.111, Education Code, is amended by   amending Subsection (a) and adding Subsection (a-1) to read as   follows:          (a)  Each charter granted under this subchapter must:                (1)  describe the educational program to be offered,   which must include the required curriculum as provided by Section   28.002;                (2)  provide that continuation of the charter is   contingent on the status of the charter as determined under Section   12.1141 or 12.115 or under Chapter 39A;                (3)  specify the academic, operational, and financial   performance expectations by which a school operating under the   charter will be evaluated, which must include applicable elements   of the performance frameworks adopted under Section 12.1181;                (4)  specify:                      (A)  any basis, in addition to a basis specified   by this subchapter or Chapter 39A, on which the charter may be   revoked, renewal of the charter may be denied, or the charter may be   allowed to expire; and                      (B)  the standards for evaluation of a school   operating under the charter for purposes of charter renewal, denial   of renewal, expiration, revocation, or other intervention in   accordance with Section 12.1141 or 12.115 or Chapter 39A, as   applicable;                (5)  prohibit discrimination in admission policy on the   basis of sex, national origin, ethnicity, religion, disability,   academic, artistic, or athletic ability, or the district the child   would otherwise attend in accordance with this code, although the   charter may:                      (A)  provide for the exclusion of a student who:                            (i)  has engaged in conduct outlined in   Section 37.006 related to placement in a disciplinary alternative   education program or a juvenile justice alternative education   program;                            (ii)  has engaged in conduct outlined in   Section 37.007 related to expulsion; or                            (iii)  has been convicted of a criminal   offense or has a juvenile court adjudication [has a documented   history of a criminal offense, a juvenile court adjudication, or   discipline problems under Subchapter A, Chapter 37]; and                      (B)  provide for an admission policy that requires   a student to demonstrate artistic ability if the school specializes   in performing arts;                (6)  specify the grade levels to be offered;                (7)  describe the governing structure of the program,   including:                      (A)  the officer positions designated;                      (B)  the manner in which officers are selected and   removed from office;                      (C)  the manner in which members of the governing   body of the school are selected and removed from office;                      (D)  the manner in which vacancies on that   governing body are filled;                      (E)  the term for which members of that governing   body serve; and                      (F)  whether the terms are to be staggered;                (8)  specify the powers or duties of the governing body   of the school that the governing body may delegate to an officer;                (9)  specify the manner in which the school will   distribute to parents information related to the qualifications of   each professional employee of the program, including any   professional or educational degree held by each employee, a   statement of any certification under Subchapter B, Chapter 21, held   by each employee, and any relevant experience of each employee;                (10)  describe the process by which the person   providing the program will adopt an annual budget;                (11)  describe the manner in which an annual audit of   the financial and programmatic operations of the program is to be   conducted, including the manner in which the person providing the   program will provide information necessary for the school district   in which the program is located to participate, as required by this   code or by commissioner rule, in the Public Education Information   Management System (PEIMS);                (12)  describe the facilities to be used;                (13)  describe the geographical area served by the   program;                (14)  specify any type of enrollment criteria to be   used;                (15)  provide information, as determined by the   commissioner, relating to any management company that will provide   management services to a school operating under the charter; and                (16)  specify that the governing body of an   open-enrollment charter school accepts and may not delegate   ultimate responsibility for the school, including the school's   academic performance and financial and operational viability, and   is responsible for overseeing any management company providing   management services for the school and for holding the management   company accountable for the school's performance.          (a-1)  Notwithstanding Subsection (a)(5), a charter granted   under this subchapter may provide for the exclusion of a student   from an open-enrollment charter school campus that includes a   child-care facility based on the student's conviction for a   criminal offense that would preclude the student from being   admitted to a school district campus that includes a child-care   facility.          SECTION 2.  Section 29.041(3), Education Code, is amended to   read as follows:                (3)  "Supplemental special education services" means   an additive service that provides an educational benefit to a   student receiving special education services under Subchapter A,   including:                      (A)  occupational therapy, physical therapy, and   speech therapy; [and]                      (B)  private tutoring and other supplemental   private instruction or programs; and                      (C)  crisis prevention and intervention training   for the student's parent or person standing in parental relation to   the student.          SECTION 3.  Section 37.001(b-1), Education Code, is amended   to read as follows:          (b-1)  The methods adopted under Subsection (a)(8) must   provide that a student who is enrolled in a special education   program under Subchapter A, Chapter 29, may not be disciplined in a   manner that results in a change in the student's educational   placement for conduct prohibited in accordance with Subsection   (a)(7) until an admission, review, and dismissal committee meeting   has been held to review the conduct.          SECTION 4.  Section 37.002, Education Code, is amended by   adding Subsection (b-2) to read as follows:          (b-2)  After removal of a student from the classroom under   this section, on the student's return to the classroom the teacher   shall:                (1)  employ appropriate classroom management   techniques that can reasonably be expected to improve the student's   behavior; and                (2)  document the student's behavior the teacher   determines either:                      (A)  repeatedly interferes with the teacher's   ability to communicate effectively with the students in the class   or with the ability of the student's classmates to learn; or                      (B)  is so unruly, disruptive, or abusive it   seriously interferes with the teacher's ability to communicate   effectively with the students in the class or with the ability of   the student's classmates to learn.          SECTION 5.  Section 37.005, Education Code, is amended by   amending Subsections (a), (b), (c), and (d) and adding Subsection   (c-2) to read as follows:          (a)  The principal or other appropriate administrator may   suspend a student who engages in conduct identified in the student   code of conduct adopted under Section 37.001 as conduct for which a   student may be subject to an in-school or out-of-school suspension   [suspended].          (b)  An out-of-school [A] suspension under this section may   not exceed three school days. An in-school suspension under this   section may not exceed 10 school days.          (c)  A student who is enrolled in a grade level below grade   three may not be placed in out-of-school suspension unless while on   school property or while attending a school-sponsored or   school-related activity on or off of school property, the student   engages in:                (1)  conduct that contains the elements of an offense   related to weapons under Section 46.02 or 46.05, Penal Code;                (2)  conduct that threatens the immediate health and   safety of other students in the classroom;                (3)  conduct that results in repeated or significant   disruption to the classroom, as determined by the campus   administrator in agreement with the classroom teacher [contains the   elements of a violent offense under Section 22.01, 22.011, 22.02,   or 22.021, Penal Code]; or                (4) [(3)]  selling, giving, or delivering to another   person or possessing, using, or being under the influence of any   amount of:                      (A)  marihuana or a controlled substance, as   defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.   Section 801 et seq.;                      (B)  a dangerous drug, as defined by Chapter 483,   Health and Safety Code; or                      (C)  an alcoholic beverage, as defined by Section   1.04, Alcoholic Beverage Code.          (c-2)  On receiving a written request from the student's   parent or person standing in parental relation to the student, the   campus administrator or district designee may at the   administrator's or designee's sole discretion reassign a student   placed in out-of-school suspension under Subsection (c) to an   in-school suspension for a period, notwithstanding Subsection (b),   not to exceed 15 school days if the student's parent or person   standing in parental relation to the student demonstrates through   supporting information and documentation that the parent or person   is unable to provide suitable supervision for the student during   school hours during the period of the suspension. The alternative   placement provided by this section may be used only in extenuating   circumstances and may not be used as a routine replacement for   out-of-school suspension. The school district shall maintain   documentation of each reassignment under this subsection,   including the parent's or person's request, the reason for the   parent's or person's unavailability, and the supporting information   and documentation.          (d)  A school district or open-enrollment charter school may   not place a student who is homeless in out-of-school suspension   unless the student engages in conduct described by Subsections   (c)(1)-(4) [(c)(1)-(3)] while on school property or while attending   a school-sponsored or school-related activity on or off of school   property. The campus behavior coordinator may coordinate with the   school district's homeless education liaison to identify   appropriate alternatives to out-of-school suspension for a student   who is homeless. In this subsection, "student who is homeless" has   the meaning assigned to the term "homeless children and youths"   under 42 U.S.C. Section 11434a.          SECTION 6.  Section 37.006, Education Code, is amended by   amending Subsections (a) and (c) and adding Subsection (a-1) to   read as follows:          (a)  Subject to the requirements of Section 37.009(a), a   student shall be removed from class and placed in a disciplinary   alternative education program as provided by Section 37.008 if the   student:                (1)  engages in conduct involving a public school that   contains the elements of the offense of false alarm or report under   Section 42.06, Penal Code, or terroristic threat under Section   22.07, Penal Code; or                (2)  commits the following on or within 300 feet of   school property, as measured from any point on the school's real   property boundary line, or while attending a school-sponsored or   school-related activity on or off of school property:                      (A)  except as provided by Section 37.007(a),   engages in conduct punishable as a felony;                      (B)  engages in conduct that contains the elements   of the offense of assault under Section 22.01(a)(1), Penal Code;                      (C)  except as provided by Section 37.007(a)(3),   sells, gives, or delivers to another person or possesses or uses or   is under the influence of:                            (i)  a controlled substance, as defined by   Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et   seq., excluding marihuana, as defined by Section 481.002, Health   and Safety Code, or tetrahydrocannabinol, as defined by rule   adopted under Section 481.003 of that code; or                            (ii)  a dangerous drug, as defined by   Chapter 483, Health and Safety Code;                      (C-1)  possesses, uses, or is under the influence   of, or sells, gives, or delivers to another person marihuana, as   defined by Section 481.002, Health and Safety Code, or   tetrahydrocannabinol, as defined by rule adopted under Section   481.003 of that code;                      [(C-2)  possesses, uses, sells, gives, or   delivers to another person an e-cigarette, as defined by Section   161.081, Health and Safety Code;]                      (D)  sells, gives, or delivers to another person   an alcoholic beverage, as defined by Section 1.04, Alcoholic   Beverage Code, commits a serious act or offense while under the   influence of alcohol, or possesses, uses, or is under the influence   of an alcoholic beverage;                      (E)  engages in conduct that contains the elements   of an offense relating to an abusable volatile chemical under   Sections 485.031 through 485.034, Health and Safety Code;                      (F)  engages in conduct that contains the elements   of the offense of public lewdness under Section 21.07, Penal Code,   or indecent exposure under Section 21.08, Penal Code; or                      (G)  engages in conduct that contains the elements   of the offense of harassment under Section 42.07(a)(1), (2), (3),   or (7), Penal Code, against an employee of the school district.          (a-1)  Subject to the requirements of Section 37.009(a), a   student shall be removed from class and placed in a disciplinary   alternative education program as provided by Section 37.008 for a   period of not less than 30 days if the student engages in conduct   that contains the elements of the offense of assault under Section   22.01, Penal Code, or terroristic threat under Section 22.07(a)(2),   Penal Code, against an employee of the school district.          (c)  In addition to Subsections (a) and (b), a student shall   be removed from class and placed in a disciplinary alternative   education program under Section 37.008 based on conduct occurring   off campus and while the student is not in attendance at a   school-sponsored or school-related activity if:                (1)  the student receives deferred prosecution under   Section 53.03, Family Code, for conduct defined as any of the   following offenses under the Penal Code:                      (A)  a felony offense under [in] Title 5[, Penal   Code]; [or]                      (B)  the offense of deadly conduct under Section   22.05;                      (C)  the felony offense of aggravated robbery   under Section 29.03[, Penal Code];                      (D)  the offense of disorderly conduct involving a   firearm under Section 42.01(a)(7) or (8); or                      (E)  the offense of unlawfully carrying weapons   under Section 46.02, except for an offense punishable as a Class C   misdemeanor under that section;                (2)  a court or jury finds that the student has engaged   in delinquent conduct under Section 54.03, Family Code, for conduct   defined as an offense listed in Subdivision (1)[:                      [(A)  a felony offense in Title 5, Penal Code; or                      [(B)  the felony offense of aggravated robbery   under Section 29.03, Penal Code]; or                (3)  the superintendent or the superintendent's   designee has a reasonable belief that the student has engaged in a   conduct defined as an offense listed in Subdivision (1)[:                      [(A)  a felony offense in Title 5, Penal Code; or                      [(B)  the felony offense of aggravated robbery   under Section 29.03, Penal Code].          SECTION 7.  Section 37.007, Education Code, is amended by   amending Subsections (a), (b), and (d) and adding Subsection (f-1)   to read as follows:          (a)  Except as provided by Subsection (k) and subject to the   requirements of Section 37.009(a), a student shall be expelled from   a school if the student[, on school property or while attending a   school-sponsored or school-related activity on or off of school   property]:                (1)  engages in conduct that contains the elements of   the offense of unlawfully carrying weapons under Section 46.02,   Penal Code, or elements of an offense relating to prohibited   weapons under Section 46.05, Penal Code;                (2)  engages in conduct that contains the elements of   the offense of:                      (A)  aggravated assault under Section 22.02,   Penal Code, sexual assault under Section 22.011, Penal Code, or   aggravated sexual assault under Section 22.021, Penal Code;                      (B)  arson under Section 28.02, Penal Code;                      (C)  murder under Section 19.02, Penal Code,   capital murder under Section 19.03, Penal Code, or criminal   attempt, under Section 15.01, Penal Code, to commit murder or   capital murder;                      (D)  indecency with a child under Section 21.11,   Penal Code;                      (E)  aggravated kidnapping under Section 20.04,   Penal Code;                      (F)  aggravated robbery under Section 29.03,   Penal Code;                      (G)  manslaughter under Section 19.04, Penal   Code;                      (H)  criminally negligent homicide under Section   19.05, Penal Code; or                      (I)  continuous sexual abuse of young child or   disabled individual under Section 21.02, Penal Code; or                (3)  engages in conduct specified by Section   37.006(a)(2)(C), if the conduct is punishable as a felony.          (b)  A student may be expelled if the student:                (1)  engages in conduct involving a public school that   contains the elements of the offense of false alarm or report under   Section 42.06, Penal Code, or terroristic threat under Section   22.07, Penal Code;                (2)  while on or within 300 feet of school property, as   measured from any point on the school's real property boundary   line, or while attending a school-sponsored or school-related   activity on or off of school property:                      (A)  except as provided by Subsection (a)(3),   sells, gives, or delivers to another person or possesses, uses, or   is under the influence of any amount of:                            (i)  marihuana or a controlled substance, as   defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.   Section 801 et seq.;                            (ii)  a dangerous drug, as defined by   Chapter 483, Health and Safety Code; or                            (iii)  an alcoholic beverage, as defined by   Section 1.04, Alcoholic Beverage Code;                      (B)  engages in conduct that contains the elements   of an offense relating to an abusable volatile chemical under   Sections 485.031 through 485.034, Health and Safety Code;                      (C)  engages in conduct that contains the elements   of an offense under Section 22.01(a)(1), Penal Code, against a   school district employee or a volunteer as defined by Section   22.053; or                      (D)  engages in conduct that contains the elements   of the offense of deadly conduct under Section 22.05, Penal Code;                (3)  subject to Subsection (d), while within 300 feet   of school property, as measured from any point on the school's real   property boundary line, [:                      [(A)  engages in conduct specified by Subsection   (a); or                      [(B)]  possesses a firearm, as defined by 18   U.S.C. Section 921;                [(4)  engages in conduct that contains the elements of   any offense listed in Subsection (a)(2)(A) or (C) or the offense of   aggravated robbery under Section 29.03, Penal Code, against another   student, without regard to whether the conduct occurs on or off of   school property or while attending a school-sponsored or   school-related activity on or off of school property;] or                (4) [(5)]  engages in conduct that contains the   elements of the offense of breach of computer security under   Section 33.02, Penal Code, if:                      (A)  the conduct involves accessing a computer,   computer network, or computer system owned by or operated on behalf   of a school district; and                      (B)  the student knowingly:                            (i)  alters, damages, or deletes school   district property or information; or                            (ii)  commits a breach of any other   computer, computer network, or computer system.          (d)  A student [shall be expelled if the student engages in   conduct that contains the elements of any offense listed in   Subsection (a), and] may be expelled if the student engages in   conduct that contains the elements of any offense listed in   Subsection (b)(2)(C)[,] against any employee or volunteer in   retaliation for or as a result of the person's employment or   association with a school district, without regard to whether the   conduct occurs on or off of school property or while attending a   school-sponsored or school-related activity on or off of school   property.          (f-1)  A school district may place a student expelled under   this section in:                (1)  a virtual or in-person disciplinary alternative   education program; or                (2)  a juvenile justice alternative education program.          SECTION 8.  Section 37.0081(a-1), Education Code, is amended   to read as follows:          (a-1)  The student must be placed in:                (1)  a juvenile justice alternative education program,   if the school district is located in a county that operates a   juvenile justice alternative education program or the school   district contracts with the juvenile board of another county for   the provision of a juvenile justice alternative education program;   or                (2)  a virtual or in-person disciplinary alternative   education program.          SECTION 9.  Subchapter A, Chapter 37, Education Code, is   amended by adding Section 37.0083 to read as follows:          Sec. 37.0083.  VIRTUAL DISCIPLINARY ALTERNATIVE EDUCATION   PROGRAM. (a) The board of trustees of a school district, or the   board's designee, may place a student who has been expelled under   Section 37.007 in a virtual disciplinary alternative education   program established by the district and provide virtual instruction   and instructional materials for remote learning to the student.          (a-1)  If the board of trustees of a school district, the   board's designee, or a juvenile court places a student in a virtual   disciplinary alternative education program under this section, the   school district shall ensure that the student has suitable home   computer equipment and Internet access and provide the computer   equipment and Internet access if necessary.          (b)  A student placed in a virtual disciplinary alternative   education program shall be counted toward the district's average   daily attendance for purposes of receipt of state funds under the   Foundation School Program.          (c)  The commissioner shall adopt rules as necessary to   implement this section, including rules providing for a method of   taking attendance for students placed in a virtual disciplinary   alternative education program and rules requiring school districts   to provide basic professional development training for teachers   providing instruction in a virtual disciplinary alternative   education program.          SECTION 10.  Section 37.009, Education Code, is amended by   amending Subsections (a-1) and (a-2) and adding Subsection (f-1) to   read as follows:          (a-1)  If a disciplinary alternative education program is at   capacity at the time a campus behavior coordinator is deciding   placement under Subsection (a) for a student who engaged in conduct   described under Section 37.006(a)(2)(C-1), [(C-2),] (D), or (E),   the student shall be:                (1)  placed in in-school suspension; and                (2)  if a position becomes available in the program   before the expiration of the period of the placement, transferred   to the program for the remainder of the period.          (a-2)  If a disciplinary alternative education program is at   capacity at the time a campus behavior coordinator is deciding   placement under Subsection (a) for a student who engaged in conduct   described under Section 37.007 that constitutes violent conduct, as   defined by commissioner rule, a student who has been placed in the   program for conduct described under Section 37.006(a)(2)(C-1),   [(C-2),] (D), or (E):                (1)  may be removed from the program and placed in   in-school suspension to make a position in the program available   for the student who engaged in violent conduct; and                (2)  if removed from the program under Subdivision (1)   and a position in the program becomes available before the   expiration of the period of the placement, shall be returned to the   program for the remainder of the period.          (f-1)  The board or the board's designee may order the   placement of a student expelled under Section 37.007 in an   alternative education program as provided by Subsection (f-1) of   that section.          SECTION 11.  Section 37.010, Education Code, is amended by   adding Subsection (c-1) to read as follows:          (c-1)  This subsection applies to a juvenile court in a   county that operates a program under Section 37.011.   Notwithstanding Subsections (a) and (c), a court may order a   student expelled under Section 37.007 to attend a school district's   virtual disciplinary alternative education program, if:                (1)  the district has established a virtual   disciplinary alternative education program under Section 37.0083;   and                (2)  the county's juvenile justice alternative   education program under Section 37.011 has no available positions   for the grade level in which the student is enrolled.          SECTION 12.  Subchapter A, Chapter 37, Education Code, is   amended by adding Section 37.024 to read as follows:          Sec. 37.024.  ANNUAL REPORT REGARDING EXPULSIONS,   SUSPENSIONS, AND REMOVALS TO DISCIPLINARY ALTERNATIVE EDUCATION   PROGRAMS. Not later than September 1, each school district and   open-enrollment charter school shall prepare and submit to the   agency an annual report regarding each expulsion, suspension, or   removal of a student to a disciplinary alternative education   program that occurred during the preceding school year,   disaggregated by:                (1)  the type of removal;                (2)  the student's race;                (3)  the student's gender; and                (4)  the student's grade.          SECTION 13.  Section 37.055, Education Code, is amended by   amending Subsections (a) and (b) and adding Subsections (a-1) and   (a-2) to read as follows:          (a)  On admitting a student to a school-community guidance   center, placing a student in a disciplinary alternative education   program, or expelling a student, a representative of the school   district, the student, and the student's parent shall develop an   agreement that specifies the responsibilities of the parent and the   student.  The agreement must include:                (1)  a statement of the student's behavioral and   learning objectives;                (2)  a requirement that the parent attend specified   meetings and conferences for teacher review of the student's   progress; and                (3)  the parent's acknowledgement that the parent   understands and accepts the responsibilities imposed by the   agreement regarding attendance at meetings and conferences and   assistance in meeting other objectives, defined by the district, to   aid student remediation.          (a-1)  The school district shall provide to the student's   parent written notice of the meeting at which the agreement   described by Subsection (a) will be developed and encourage the   student's parent to attend the meeting. The district shall ensure   the student's parent may attend the meeting in person or by   telephone or video conference.          (a-2)  If the student and the student's parent participate in   the development and completion of the agreement described by   Subsection (a), the school district shall review and may reduce the   length of any discipline to be imposed on the student.          (b)  The superintendent of the school district may obtain a   court order from a district, county, or justice court in whose   jurisdiction all or any part of the school district is located   requiring a parent to fully, reasonably, and timely participate in   the development of [comply with] an agreement [made] under this   section and to comply with the agreement if the parent receives   notice of a meeting to develop the agreement under Subsection (a-1)   and fails to attend the meeting on two separate occasions. A parent   who violates a court order issued under this subsection may be   punished for contempt of court or by other appropriate judicial   remedy.          SECTION 14.  Section 37.115, Education Code, is amended by   adding Subsection (d-1) to read as follows:          (d-1)  Notwithstanding Subsection (d), if a student in a   special education program under Subchapter A, Chapter 29, is the   subject of a threat assessment under Subsection (f), the team   conducting the assessment must include at least one of the   following professionals who has specific knowledge of the student's   disability and the disability's manifestations:                 (1)  a special education teacher assigned to the   student;                (2)  a licensed behavior analyst;                (3)  a licensed clinical or licensed master social   worker; or                (4)  a licensed specialist in school psychology.          SECTION 15.  Subchapter D, Chapter 37, Education Code, is   amended by adding Section 37.1151 to read as follows:          Sec. 37.1151.  SUIT FOR TEMPORARY ALTERNATIVE PLACEMENT FOR   CERTAIN STUDENTS. (a) In this section, "student with a disability"   means a student who is covered by:                (1)  the Individuals with Disabilities Education Act   (20 U.S.C. Section 1400 et seq.); or                (2)  Section 504, Rehabilitation Act of 1973 (29 U.S.C.   Section 794).          (b)  If, pursuant to a threat assessment conducted with   respect to a student under Section 37.115, the school district in   which the student is enrolled determines that the student's   continued placement in the student's current educational setting is   substantially likely to result in physical harm to the student or   another person, the district may file a civil action for injunctive   relief in a district court to authorize the district to immediately   remove the student from the student's current educational setting   and place the student in an alternative educational setting.          (c)  The school district requesting injunctive relief under   this section must show that:                (1)  the district has made reasonable efforts to   maintain the student's current educational setting and minimize the   likelihood of physical harm to the student or another person;                (2)  despite the district's efforts under Subdivision   (1), maintaining the student's current educational setting is   substantially likely to result in physical harm to the student or   another person; and                (3)  the district provided notice to the student's   parent or person standing in parental relation to the student of:                      (A)  the results of the threat assessment   conducted with respect to the student under Section 37.115; and                      (B)  the filing of a civil action under Subsection   (b).          (d)  Not later than the fifth calendar day after the date a   school district files a civil action under Subsection (b), the   district court shall determine whether the district has provided   sufficient evidence to satisfy the requirements of Subsection (c),   and, if so, may order the district to remove the student from the   student's current educational setting and place the student in an   alternative educational setting for a period not to exceed 60   instructional days.          (e)  In making the determination under Subsection (d), the   district court shall consider:                (1)  the results of the threat assessment conducted   with respect to the student under Section 37.115;                (2)  for a student with a disability, any   recommendations or findings made by the student's admission,   review, and dismissal committee or the student's team established   under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section   794), as applicable; and                (3)  any other relevant information.          (f)  Before the expiration of an order issued under   Subsection (d) for a student enrolled in the school district's   special education program under Subchapter A, Chapter 29, the   school district shall request from the student's parent or person   standing in parental relation to the student consent for a   qualified professional to conduct a functional behavioral   assessment of the student.          (g)  Before the expiration of an order issued under   Subsection (d) for a student enrolled in the school district's   special education program under Subchapter A, Chapter 29, the   school district shall seek consent from the student's parent or   person standing in parental relation to conduct a functional   behavioral assessment of the student by a licensed specialist in   school psychology, a licensed behavior analyst, or a behavior   specialist.          (h)  On the expiration of an order issued under Subsection   (d), the school district may file another civil action under   Subsection (b) to extend the period of the student's placement in an   alternative educational setting if the district determines,   pursuant to an additional threat assessment conducted with respect   to the student under Section 37.115, that the student's return to   the student's previous educational setting is substantially likely   to result in physical harm to the student or another person.          (i)  A school district must ensure that a student with a   disability who is placed in an alternative educational setting   under this section continues to receive all required educational   services, including services under the student's individualized   education program or the student's plan created under Section 504,   Rehabilitation Act of 1973 (29 U.S.C. Section 794), as applicable.          (j)  A school district that has filed a civil action under   Subsection (b) for the removal of a student is not subject to the   requirements of Section 37.009(a) with respect to that removal.          SECTION 16.  Section 37.007(i), Education Code, is repealed.          SECTION 17.  This Act applies beginning with the 2025-2026   school year.          SECTION 18.  This Act takes effect immediately if it   receives a vote of two-thirds of all the members elected to each   house, as provided by Section 39, Article III, Texas Constitution.   If this Act does not receive the vote necessary for immediate   effect, this Act takes effect September 1, 2025.